Phipps v. State

District Court of Appeal of Florida

Phipps v. State

339 So. 2d 693, 1976 Fla. App. LEXIS 15658

District Court of Appeal of Florida·Decided November 19, 1976·No. No. 76-330·Published

Opinion

PER CURIAM.

Appellant was adjudicated guilty of robbery, conspiracy, and possession of a firearm in the commission of a felony. He received sentences of twenty-five years on the robbery, five years on the conspiracy, and five years on the possession of a firearm in the commission of a felony count.

On authority of Cone v. State, 285 So.2d 12 (Fla.1973), we reverse the imposition of a sentence on the firearm count and remand with directions that the sentence below be amended by eliminating therefrom that part imposing a sentence of five years on this count. In all other respects the judgments and sentences are affirmed.

McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.

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PER CURIAM.

Appellant was adjudicated guilty of robbery, conspiracy, and possession of a firearm in the commission of a felony. He received sentences of twenty-five years on the robbery, five years on the conspiracy, and five years on the possession of a firearm in the commission of a felony count.

On authority of Cone v. State, 285 So.2d 12 (Fla.1973), we reverse the imposition of a sentence on the firearm count and remand with directions that the sentence below be amended by eliminating therefrom that part imposing a sentence of five years on this count. In all other respects the judgments and sentences are affirmed.

McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.

Phipps v. State, 339 So. 2d 693, 1976 Fla. App. LEXIS 15658 (Fla. Ct. App. 1976).

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Opinion

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